MINUTES TOWN OF STOKESDALE REGULAR TOWN COUNCIL MEETING 8325 ANGEL PARDUE ROAD STOKESDALE, NC 27357 AUGUST 12, 2021 AT 7:00PM  Member's present: Mayor John Flynt, Mayor Pro Tem Thearon Hooks, Council Members: Jimmy Landreth, Derek Foy, Jim Rigsbee, Town Clerk Dale Martin, Finance & Budget Officer  Kim Thacker, and Town Attorney Tom Medlin attended via Zoom Call to Order, Pledge of Allegiance, and Invocation  1.  Mayor. John Flynt called the meeting to order and led the Pledge of Allegiance. Deputy Fire  Chief] Randy Southard delivered the invocation. Review and Adopt the Agenda  3.  Mayor Flynt asked ifCouncil wanted to add cleaning up the front oftown hall from the birds nesting along the roof. Jim Rigsbee stated that he is talking to another vendor to get ai third Councilman Foy stated that Deputy Chief Southard has al Fire Report to present and asked if Councilman Landreth asked that agenda item #15, consideration of purchasing bicycle racks for the town be continued until September. He needs more time to research and have all the Mayor Flynt asked that agenda item #16, update on the Rockingham County/Madison water Mayor Flynt made the Motion to continue agenda items #15 and #16 to the September meeting, add the. Fire Report to the August 12 agenda and to approve the agenda as amended.  estimate and asked that this be postponed to the next meeting.  this could be added to the agenda.  information.  Source, bej postponed to the September meeting.  Councilman Landreth seconded the motion.  Vote: Noes: None 4.  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Review and Approve Minutes: February 15, 2021 and March 4, 2021 Town Council  Minutes.  Councilman Foy made a Motion to approve the February 15, 2021 minutes as presented. Mayor Pro Tem Thearon Hooks Councilman Hooks seconded the motion.  105    Vote: Noes: None  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Councilman Foy made the Motion to approve the March 4, 2021 minutes as presented. Mayor  Pro Tem Thearon Hooks seconded the motion.  Vote: Noes: None  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Randy Southard presented the fire safety report. In July the: fire department had 87 calls. The numbers are slightly up but not as: many calls to the nursing homes. 54 of the calls were: related to medical/traffic accidents and the remaining 33 were fire related. The fire department had 502 hours oft training for. July and conducted 5j public education events. Last fiscal year there werea total of969 calls. Tipi for the month is tol be mindful ofbad weather during the hurricane season Councilman Hooks asked ift they have been a decrease on opioid issues. Mr. Southard noted that  and be prepared.  the numbers have been down for the last several weeks.  5.  Board & Administrative Report  Dale Martin, Town Clerk presented the following administrative report. The town had 640 water bills sent out this month, 4 water meters were sold and 84 (811's) that were processed. The information for the NC Retirement system as been completed and they will not add the town until the first oft the year. Multiple Calls have been made to get bids to remove the bird droppings in the front ofthe building and calls have been made to locate a new vendor to receive chlorine.  Also 84 resumes have been received fori the Town Clerk's position.  a) Planning Board -] None Presented b) Events Committee  Councilman Foy noted that the Annual Christmas parade will bel held December 11.  c) Property Committee  Councilman Rigsbee reported that hei is still working on getting more estimates for the mulch  and will report on that at the next meeting.  6.  Financials: Finance/Budget Officer  Kim Thacker, Finance/Budget Officer presented the July financial reports. General Fund had total assets of $2,994,374.33. She then noted the Town's monthly expenditures and what was  budgeted for each line-item VS what has been spent.  106    Mrs. Thacker also reported total assets are $1,716,550.83. She then noted the' Town's monthly expenditures from this fund and what was budgeted for each line-item versus what has had been Mrs. Thacker reported that she submitted the required semi-annual report to the Local Government Commission and Department ofRevenue. She stated that the Town's annual Worker's Comp premiums are due by August 31, 2021 and she willl be submitting that payment. She noted that she is currently closing out the Town fiscal year ending June 30, 2021 in  spent.  preparation ofthe' Town's audit.  Mrs. Thacker then updated the Council on the. American Rescue Plan Funds. She added that the application for these funds have been submitted and she has received confirmation that it was received. She: received on August 4th an email to sign and accept the award based on its terms and conditions outlined under the US Treasury. She stated that the Town is projected to receive $725,475, which will be received in two disbursements. The towns first disbursement willl be in December 2021 and the second will be in 2022 no later than one year after the initial disbursement. The town will then have until Deçember 2024, to use or encumber these funds. Mrs. Thacker then stated that the Town is required to maintain more detailed records and that a separate revenue fund must be opened. Mayor Flynt asked which fund these monies would be deposited in and he recommended the water: fund. Councilman Foy and Mrs. Thacker agreed that these funds should be deposited int the water fund and be in a separate account. Councilman Foy made a Motion authorizing a new Town of Stokesdale Revenue Account be established for the sole purpose of administering the American Rescue Plan Funds. Mayor Flynt  seconded the motion. Vote: Noes: None  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Councilman Rigsbee stated that he recently saw in the news that more, grant funds may become available, and that the Town could possibly get more. money, Councilman Foy stated that ift the town received more money, he would like to see that used for our park. Mayor Flynt stated that he would like to see some used for a secondary water line and for the park as well.  7.  Citizen's Comments from the. Floor  Tina Reynolds (8616 Belews Creck Rd.) questioned the town's definition of article 2-17 regarding fences. She has spoken with Oliver Bass, Guilford County planner about this. She has aneighbor who has planted 46 trees on one: side oft the property and a fence on the other side. The "tree fence" is blocking their view of Pilot Mountain and the sunset. The views were the reason they purchased their property. Mrs. Reynolds has a different definition of vegetation that what Mr. Bass has. She feels that vegetation is ai natural growth and has no problem with) hedge, but her neighbor has planted over 100 trees inl her yard and that is not natural. Thei neighbori is  taking all her enjoyment from her property.  107    Mrs. Reynolds stated that Oliver Bass, Guildford County Planner said she would need to fill out an application with the complaint and pay a$100 fee. Another option offered by Mr. Bass was toj pay a $250 fee and she could possibly be Grandfathered". The only recourse ist to argue the definition of "vegetation". This neighbor has created a wall oft trees and an 8-foot fence on the other side of1 her property. She feels that the codes are: not clear, and she needs some direction on Oliver Bass, Guilford County Planner explained his interpretation oft the ordinance in which planted trees is natural vegetation which is allowed. Anyone has the right to challenge the Mayor Flynt asked ift there are any restrictions in the number of trees planted. Mr. Bass stated there was no numerical restrictions on the number of trees planted. Mayor Flynt noted that it would be impossible to put something in place here regarding the number or type oftrees. Councilman Foy said that this would be a: matter for the Board of Mayor Foy asked Tom Medlin, Town Attorney ifh he would like to address the complaint from Mr. Medlin recommended to see if there was any violation from the Town of Stokesdale regarding the ordinance. He also recommended she talk to a real estate attorney. Mayor Flynt asked Ms. Reynolds if there was an HOA? She stated no and there were only four houses. She is still questioning the Towns definition of vegetation and ifNorth Carolina has an Mr. Bass does not think North Carolina has an ordinance and it is usually under the authority of Mayor Flynt asks again ifher best option is to come before the Board of Adjustments. Mrs. Reynolds stated that this will cost her $250 and the neighbor would be "grand fathered" anyway sO now she will spend her retirement looking at a wall of tress and nothing can be done about it. Mayor Pro Tem Thearon Hooks recommended hiring a Real Estate Attorney to research more and offer her professional advice. He stated that the General Statue really does not address this at Tom Medlin, Town Attorney stated that the Real Estate Attorney can only give advice on what the steps are to contest the definition of fence and file with the Board of Adjustment. Councilman Rigsbee asked Mr. Medlin ifMrs. Reynold files with the Board of Adjustment and does not agree with the interpretation then is she able to take to this to court? Mr. Medlin clarified that Mr. Bass would make an administration ruling upon her request, ifs she appeals his ruling then it will go to the Board of Adjustment for review and to render a decision.  her recourse.  interpretation or decisions through the Board of Adjustments.  Adjustments and comments should be reframed from.  Mrs. Reynolds.  ordinance.  the local jurisdiction.  She would like for someone to research the actual definition of vegetation.  all except for fallen trees and overhanging trees.  Then after that she is allowed to take this to Superior Court.  108    Mrs. Reynolds asks Mr. Bass again for his interpretation. Council Rigsbee explains that Mr. Bass isr representing the Town and the town would have to go through the process before a final Mr. Medlin confirm that she can argue the definition on vegetation and the Board of Adjustments would be able tol look at the definition and decide at that time if she moves forward. Mayor Flynt thanked Mrs. Reynolds for her comments and asked ift there were any other  decision can be made.  speakers.  PUBLICHEARINGS:  8.  Rezoning Case #2 21-06-STPL-05566: 6905 US Highway 158  Located on south side ofNC Highway 158, approximately 400 feet west 6f Ellison Road intersection, Guilford County Tax Parcel 150698. This is a request to rezone: a portion of said property that fronts Ellison Road from HB-Highway Business to RS- 30, Single-family residential, approximately 0.82 ofapproximately 1.44 acres.  Applicant: Lucie Wilson Joyner.  Mayor Flynt introduced the rezoning case and deferred to Oliver Bass, Guilford County Planner. Mr. Bass presented the staffi report. This case was presented to the Stokesdale Planning Board at the July 22, 2021 meeting. This is a Rezoning Case #21-06-SIPL-05566. The address is 6905 US Highway 158. This is ai request to: rezone aj portion oft the property from HB-Highway Business tol RS-30. The areal has both residential and commercial uses. The existing Land Use is asingle-family dwelling on the portion on Ellisboro Road. Regarding the Land Use. Analysis, it is covered under the Stokesdale Future Land Use Plan adopted in 2007. The future Land Use Plan designates this area as a Professional Manufacturing Corridor. The southern boundaries of the corridor are identical to the scenic corridor. Regarding the consistency, the proposed uses zoned is consistent with the Stokesdale Land Use Plan ofal Professional Manufacturing Corridor and it does contain residential uses. The staff recommends approval because the plan does recognize the Professional Corridor and does contain residential and agricultural uses. One additional track can be divided and qualify as ai minor sub-division and therefore would not be Mayor Flynt noted that the property was sub-divided in 1988 into three lots and those houses built after that were older. Mayor Flynt asked how they built al house ifit was not and RS-30 at that time? Mr. Bass stated that was before the town was incorporated and at some point, that property was rezoned from manufacturing to residential, but it was already zoned residential at Mayor Flynt is trying to understand how the property was rezoned from single family to Councilman Hooks noted a correction on page two of the Letter to Council regarding this case. Inj paragraph two it states that Anthony Vaughn is the Attorney, but hei is the surveyor and this  required to connect to the town water system.  the time the subdivision was created.  commercial.  needs to be corrected.  109    Tom Medlin, Town Attorney stated that this has already been corrected.  Mayor Flynt declared the public hearing open.  In Favor:  Mr. Anthony Vaughn, Surveyor for the family is very familiar with the house and property and described the structures on the property and feels confident that this conforms with RS-30 Councilman Hooks. noted that there are five or six units in the corridor and that each were occupied by a family and is not a commercial entity. He asked ift this changes anything.  zoning. He: is available for any questions.  Mr. Vaughn stated he does not think this will change anything.  Opposed: None  Mayor John Flynt asked if anyone else would like to speak in favor or opposition. Being no additional speakers, the public hearing was closed and the matter rests with the  Council.  Mayor Flynt made a Motion to approve the rezoning oft the property Case # 21-06-SIPL-05566: 6905 US Highway 158 from HB-Highway Business to RS-30. Seconded by Councilman Jimmy  Landreth. Votes: Noes: None  Ayes: Mayor Pro' Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  9. Text Amendment Case #21-07-STPL-15973: Warehouse, Self-Storage as Permitted Usei in GB And HB Districts. The Town of Stokesdale Planning Board will hold a public hearing to consider a text: amendment to the Stokesdale Development Ordinance as follows: Amend Section 4-3,Table 4-3-1 (PERMITTED USE SCHEDULE) to remove Warehouse (Self-storage) as a use permitted in the GB and HB zoning districts, and Amend Section 6-4 to remove Subsection 6-4.91, Warchouse (Self-storage) development standards for GB and HB.  Mayor Flynt introduced the rezoning case and deferred to Oliver Bass, Guilford County Planner Oliver Bass, Guilford County Planner reported that this was ai text amendment presented to the Planning Board to review and make their recommendation tot the Town Council. Mr. Bass noted consistency statements which apply to this request and that are included in the staff report. Mr. Bass also stated that this is aj policy decision and therefore staff does not offer ai recommendation in favor or opposed. Mr. Bass noted that staff and the Planning Board made a recommendation to  for the staff report.  approve with an effective date of January 1, 2022.  110    Councilman Landreth asked the: reason of the effective date. zoning cases that may impact the ability of rezoning.  Mr. Bass stated there are some concerns from the Planning Board that there could be some other Mayor Flynt asked ift there are any additional questions for Mr. Bass. There were no other Mayor Flynt declared the public hearing open and asked ift there was anyone wishing to speak in  questions asked. favor. In Favor: None  Mayor Flynt asked if there was anyone wishing to speak in opposition.  Opposed: None  Bryce Rush, High Point NC stated he was the one who got the zoning for a storage facility, and Mayor Flynt stated that there being no additional speakers, the public hearing was closed. Mayor Flynt made a Motion to adopt ordinance #0-2021 an ordinance amendment for the Town of Stokesdale Development Ordinance. Section 4-3, Table 4-3-1 (PERMITTED USE Councilman Foy asked what the purpose is behind this text amendment.  they need additional time to submit a site plan.  SCHEDULE) and Section 6-4 Subsection 6-4.91.  Councilman Hooks seconded the motion.  Mayor Flynt stated that he thought the towns long range plan suggest limiting warehouse uses along the 158 corridor. There are two or three mini storage facilities there now and this is the only time in history the town has done this. There was a case on Hwy. 681 that was a Conditional Use zoning years ago and that was restricted to certain things like professional offices. They came back in the last few months and wanted to add ai mini storage and changed the conditional use that would allow this. A few: months later there was ai request on the other side ofHaw River Road for a straight Highway Business zoning and the owners' intended purpose was a mini  storage.  Tom Medlin, Town Attorney advised looking at straight rezoning.  Mayor Flynt does not like idea ofi mini storage facilities in General Business or Highway Business and feels this will take away from the character ofwhat we are trying to do: forl highway Councilman Landreth stated that he understands but what you are doing is giving them a franchise and taking away ai right in Highway Business. This was here when the long-range plan  business. Mayor Flynt stated this should be in light industrial areas.  111    was made. Councilman Landreth also noted that hel has looked at Guilford County's development ordinance and asked Mr. Bass to clarify their development ordinance. Mr. Bass explained that General Business and Highway Business is designed toj permit light Councilman Landreth stated that he does not care ifa another storage facility is built or new businesses. He does not want to stop someone from building, and they should have the option, Mayor Flynt stated that the Council has looked at long range plans and small towns look at having certain kinds ofbusinesses and industries in certain areas. Typically, you will not mix  industrial.  but this concerns him of what may come next.  residential with industrial.  Councilman Landreth stated that this wasi not light industrial.  Mayor Flynt stated he did not realize it was allowed in Highway Business. He ist trying to protect people in the residential areas, and he is opposed to the mini storage in this area. Ifyou do not like the law, then change it but that's what we are trying to do. Ido not want ai mini storage next Councilman Rigsbee wanted it noted that he voted against the mini storage in past meetings and his reasoning was because oft the exact location and not the corridor. He would liket to be clear that as a town if wej pass this then it will not negatively impact the ones that have already been Mayor Flynt stated he needed to amend the motion that the effective date would be Jan. 19+2022. Councilman Foy does not understand why they voted for it originally ifthey do not want it. Mayor Flynt explained that it is unrestricted, and anything is allowed in Highway Business zoning. There are at least 501 uses that are allowed. Mayor Flynt supports Conditional Use Zoning because it does tell you what they are trying to do. He did: not have a choice but to vote for the mini storage and his options were on Hwy. 158 orl Hwy 68 which is unethical to approve Councilman Foy stated he understands and sees where Mayor Flynt is coming from but when he notices cleared land and knows al business is coming there then finds out it's ai ministorage then hei is "whatever". He does not like the idea of essential monopoly and amend the motion just for Mayor Flynt stated that they were granted the zoning but, are not vested into that zoning until they submit a site plan. Ifwe see that there is a chemical plant coming or something oft that  to my house.  approved because they came to us before this came up.  one and not the other.  this case and then shutting the door on everyone else.  nature, then it will not be difficult for Council to vote against it. Councilman Foy stated that it would not be difficult.  Councilman Foy asked Oliver Bass, Guilford County Planner to clarify the design standards of  Highway Business and General Business specific oft the scenic corridor.  112    Mr. Bass stated that the scenic corridor is the overlay and that it does not apply to a single family, but it does apply to nonresidential development ini the scenic corridor regardless oft the Mayor Flynt asked about the design standards of 5 acres or less and ifs someone. had 20 acres then they could come in: for ai request of four lots and this will be the kind of thing we will have to Mayor Flynt stated that there is a waiting list in Guilford County for storage buildings and the Councilman Foy noted that the effective date in this case is for one: individual use and not for any Mayor Pro Tem Hooks stated that they have gone back and forth in this issue for three or four months and anyone can come in during this time. Anyone else can come in and do what they  use such as warehouse or convenience store for example.  deal with.  market has changed since the Land Use Plan was originally done.  other businesses.  want to do but the deadline is 2022 for the new ordinance.  Mayor Flynt called for a vote. Ayes: Mayor. John Flynt Hooks, Councilman Jim Rigsbee  Vote:  Noes: Councilman Derek Foy, Councilman Jimmy Landreth, Mayor Pro Tem Thearon  Motion Failed OLD BUSINESS  10. Discussion on Establishing a committee to update the Town's Land Use Plan. Mayor Flynt has talked with David Vaughn who is a surveyor, Matt Moorefield, and Commie  Councilmembers to submit names for Consideration.  Johnson about serving on the committee to update the Land Use Plan. Councilman Foy has two people who may serve on1 the committee.  Councilman Landreth would like for each Council member toi nominate two people to serve on the committee so no one will bel left out. He would like tol know when this committee will start and what will be the end date. He recommends starting after the election and then each Mayor Flynt has no problem with that suggestion ift the people are willing to serve the entire time. He suggested postponing until January 1 after the election.  Council member nominate two people.  Councilman Foy stated he was fine will postponing until the election when the: new Council is in Mayor Flynt recommended setting some parameters and time frame for the committee  place.  113    members and have DOT, engineering, and water people to educate the committee  members as well.  Councilman Landreth made a Motion to continue this until after. January 1,2022. Mayor Flynt  seconded the motion. Vote:  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Noes: None  11. Consideration of Engineering Bids Water Line Extension on Ellisboro Road. Mayor Flynt noted there were three bids for this project. Hazen & Sawyer, Kennerly Engineering Councilman Foy pointed out the quotes from Kennerly Engineering ($18,000); Hugh Creed Associates ($23,000) and Hazen and Sawyer ($99,800). This is for water lines that will go from Hwy. 65 down to Ellisboro Road to the Boone Meadows subdivision. We will add al loop to our water system which will improve the quality and water pressure. The current pressure in the subdivision is less than 500 gallons which could cause an issue for the fire hydrants in this area. This will also benefit the water flowi in the new development being built in Oak Level. The town did explore the option of extending the water line down South Point Drive and replacing a 2-inch line which would have been approximately $60,000. Councilman Foy personally feels this would be a band aid to a solution to the problem. This would be an investment for the town. Councilman Hooks commented on the existing water system in the area that Councilman Foy discussed. At this time, if there was a firet then the people are still covered, and the fire department has options to bring other fire apparatuses and tankers in. Councilman Rigsbee asked for clarification with the Hugh Creed and Hazen Sawyers proposal regarding Ellisboro Road and ifthis covers both projects instead ofone. Councilman Foy made a Motion that the Town of Stokesdale hire Kennerly Engineering to perform the engineering work for the 2,300 feet of Water Line Extension down Ellisboro Road to  and Hugh Creed have submitted bids to the town.  Boone Meadows sub-division for $18,000.  Councilman Rigsbee asked where the funds will come from.  Councilman Foy stated that the funds would come: from the American Rescue Plan and Capital Funds. These funds need to bei incumbered by June. He feels it would bej prudent to start Councilman Rigsbee stated that he understands that the developers needs to extend water lines and there are funds that the town needs to spend now. He does have concerns telling one developer that we will run a water line that you will not have to pay for then someone later wants to do something, and we don'tp pay for it. Thisi is his only dilemma. But he understands that the  requesting the funds from the State.  funds must be spent where it is the most useful.  114    Councilman Rigsbee stated that we can'ty wait for a developer, and wei need the upgrade now Councilman Hooks stated that he would add an amendment to not use any existing water funds. Councilman Foy stated that his understanding that we need aj purchase order to submit the  regarding the existing situation that wel know ofright now.  paperwork to the state and he they will reimburse us the funds.  Councilman Rigsbee seconded the Motion.  Vote:  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Noes: None NEW BUSINESS County.  12. Discussion on Cost of Backflow Permits and Inspection Fees through Guilford Dale Martin, Clerk stated that there is a $300 application fee which was being questioned by staff and they contacted the Guilford County Building Inspections to understand the process regarding when someone comes into the' Town office to apply for al back flow permit. No one understood what the $300 was for. Also, when the application was submitted to Guilford County there was an additional $40 application fee. Itis our understanding that the inspection fee was included ini the initial $300. Guilford County is not notifying the town when and ifthey passed the inspection or failed. Several developers have complained about this as well. Itis recommended that we: reduce the $300 amount because the citizens are also having toj pay the additional $40 for ani inspection, $40 or more each year for additional inspections and also pay a Mayor Flynt noted that the $300 inspection fee is something the town has been doing from day one. Gene Robertson with Yates Construction said they were not making the inspections, and they are all being done by Guilford County. There are some issues with Guilford County not getting back with us with results ifthey have passed the inspection. This is something wei need to Mrs. Martin noted the staff did talk to one oft the Guilford County inspectors who directed us toa website where anyone can check the inspection but there was no way before to knowi ift they Mayor Flynt explained that the commercial back flow inspection must be done every two years and we can give them al list of qualified inspectors and the cost is usually around $80. When this is done then they send to the Town of Stokesdale to have a copy oft the report. The funds are Mayor Flynt noted that the $300 fee is something the town should not be charging and suggested  $35 fee to install the back flow.  work out internally with their building inspectors.  were ever inspected unless it was caught a year later.  between them and the contractor. dropping this down to $50.  115    Mayor Pro Tem Hooks made a Motion to rescind the Towns backflow inspection fee which is currently $300 and set a newi fee at $50 effective. August 16, 2021. Councilman Foy seconded  the motion. Vote: John Flynt Noes: None  Ayes: Thearon Hooks (Mayor Pro Tem), Jimmy Landreth, Derek Foy, Jim Rigsbee, Mayor  Mayor Flynt called ai recess at 8:54 PM. The meeting reconvened at 9:01PM.  13. Discussion regarding Water Accounts, Proof of Ownership/Renter Status, Deposit Mayor Flynt discussed a situation of a property owner that owned al house which she moved out of. She rented the house, and the rental tenant came to the Town and told staff that they were purchasing the home. He was only charged the $50 water deposit and the water bill is now past due. Because of covid guidelines we could not collect any lates fees. It was the towns understanding that ifa customer did not pay their water bill, then we could request a lien on1 the property. Tom Medlin, Town Attorney has advised that the water bill goes with the person and Dale Martin, Clerk researched through List Serve to confirm situations like this. Mrs. Martin did learn ofaj program through the NCLM where we can possibly recoup some oft these funds. She is still researching to learn more about this but does think this is connected to your tax refunds. In this situation it was the tenant's responsibility, and he never purchased the property. The owner took the property back and would like to sell the house at this time. Mrs. Martin asked Mr. Medlin ifb he had further information about the Debt Set Off program with the NCLM. Mr. Medlin explained he was not very familiar with the programs but did understand that is was connected to tax refunds and the funds are taken from the tax refunds and paid to the town. Mayor Pro Tem Hooks noted that it was his understanding that the responsibility is with the Mr. Medlin stated that is comes down to who is the customer with the town. The owner and tenant either agrees to leave the water bill in the owner's name or havei it in the tenant's name.  Fees, Reconnect Fees.  not the property. The town lost $1200 in this situation.  tenant and not the home owner.  Mayor Flynt asked if we should increase the deposit for tenants.  Mrs. Martin said this would be Council's decision. She confirmed that the homeowner deposit is $50, and ai renter is $175. Ifthe water is turned off, then the re-connect fee is $75. Councilman Foy stated he did not want to raise the deposit for renters more than $175. Mrs. Martin also noted that staff needs guidance on how to confirm who is the renter or the Tom Medlin, Town Attorney recommended that if they are the property owner then it will be listed on the tax record. Ifthey say they are getting ready to purchase the property and want to  property owner when collecting the deposit.  116    have the account switched from the prior owner to the new owner, then they should have a written offer to purchase contract and they should be able toj produce a copy ofthis. This would be prooft that they are purchasing the property. Ifthey are ai renter, then we can request a copy of Mayor Flynt stated that he understands with Covid there were special rules inj place for collections and feels we should be more aggressive in our collections at this time but leave the Councilman Foy commented that his reasoning for keeping the fee at $175 is because aj renter already has extensive cash outlay with rental deposits and other utility deposits. The $175 should  the lease or something in writing from the property owner confirming.  deposit at $175. We should also require proofofownership.  normally cover about three months of water payments anyway.  Mr. Martin asked ift the Council still approves oft the $50 property owner's deposit. Council stated yes, they were still good with the $50 deposit of! property owners.  Mrs. Martin also asked about a situation where the owner wanted to turn the water on: for 30 days to fix up the property. Some municipalities will allow this temporary situation. Mrs. Martin Mayor Pro Tem Hooks asked Tom Medlin, Town Attorney about cutting water off. Councilman Hooks noted that in Guildford County and the other 99 Counties across the state that ifyou do not have water then you: fall under a different residential habitat where the County must be notified because you can not exist without water and thel home is considered uninhabitable. Mr. Medlin stated that was correct if you have tenants staying in the house without water. Mayor Pro Tem Hooks then asked that if during that time the Town had someone who is behind, but they come up with some oft the funds but still two months behind then does the town have any type off fiduciary responsibility to notify public health and Guilford County that they have Mr. Medlin stated that the County is the one enforcing the housing code. He is unsure ifits policy for the Town to notify the County ift the town cuts the water off. Ifa citizen calls into the Town to notify ofsomeone without water, then that may be a different matter. Kim Thacker, Finance/Budget officer stated that her report does not show ift they are renters or owners, however it does show those who are behind. The largest is $1270 which is the water  asked if Council would entertain aj policy for this.  people in al household without running water?  customer we are discussing.  14. Consideration ofal Proposal by Excellent Lawncare & Landscape for mulch at' Town Councilman Rigsbee reported that the town has not had mulch in a couple of years and in the front Town Hall the mulch is thin. The current vendor gave an estimate of $5800 for the mulch and having it installed which is very reasonable compared to what the town has paid in the past.  Hall and mini nuggets at playground area.  Council Foy agreed that this was ai reasonable quote.  117    Councilman Rigsbee confirmed the mulch would be on the side andi in front oft town hall and the Councilman Rigsbee made a Motion that the town contract with Excellent Lawn Care toj provide mini nuggets mulch for the playground and town hall. Mulch will be delivered and installed at  playground.  the cost of $5800. Councilman Foy seconded the motion.  Vote: Noes: None  Ayes: Mayor. Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Mrs. Thacker, Budget/Finance Officer asked to confirm where from the budget to pay for this Councilman Foy noted lawn maintenance should have enough to cover the cost without al budget  and there is $40,000 inl lawn care.  amendment.  Mrs. Thacker confirmed this was in the budget.  15. Consideration of Purchasing Bicycle Racks for the' Town Park.  Delayed  16. Update on Rockingham County/Madison Water Source.  Delayed  17. - Discussion ofLand Acquisition Opportunity for Town ofs Stokesdale Mayor Flynt asked Tom Medlin, Town Attorney ift the discussion oft the land acquisition opportunity in the Town of Stokesdale could be done in closed session in accordance with NC General Statue 143-318-11-5. He asked how do we do this in terms ofzoom to ensure you (Mr. Councilman Foy asked ift this could be done out in the open? He noted that it is aj permitted use Mayor Flynt asked Mr. Medlin about discussing this in closed session since they are discussing Mr. Medlin stated it was not: required to go into closed session, but you are allowed too according to the General Statue. You cannot make decisions, but you can have discussions. Mr. Councilman Landreth stated he had rather do the discussion inj public but will be fine to go: into  Medlin) is involved?  for closed session but asking if could be done ini the open as well.  about a specific piece of property and prices.  Medlin could conference call into the closed session. closed session ifthat is what the board requested to do.  118    Councilman Rigsbee stated he does not see any harm doing this in open session because there  have already been discussions and there is already aj price in mind. Mayor Flynt recommended to move forward in open session.  Councilman Foy reported that six months ago Council met in closed session to discuss buying the Joyce property which is directly to the north of the Towns property. This is 9.8 acres and approximately 847 linear feet which borders the town park to the north. Councilman Foy personally thinks this would be a good investment for the town for the price that hel has discussed with the property owners. When the town originally discussed this six months ago, the property owners listed it at $300,000. The towns offer came in at roughly $190,000 and they did not counteroffer. This has gone nowhere since then. This is a one-time opportunity to expand the park. Thej property owners next step would to be to sub divide the property, Once sold then it would bei impossible for the town to have additional land for the park. Councilman Foy stated the price he believed the town could purchase the land for is $222,900 for 9.8 acres. The town could also have a committee for citizens to givei input on howi it should be utilized. This may also open the town up for a grant from the State, this would all be town park property adjacent to the school. This would also create an opportunity for the town park tol be more useful and better Mayor Pro Tem Hooks asked ift the property owners wanted the town toj pay the realtor fees. Councilman Foy noted the property owner would like to walk away with $205,000.  utilized by the citizens.  Councilman Landreth asked where the funds would come from.  Councilman Foy stated that there is $100,000 ini the budget for the parks and there would have to be al budget amendment for the remainder of the funds and that would be pulled from Mayor Flynt asked ifthe property owners had a survey showing the 9.8 acres.  undesignated funds.  Councilman Foy's understanding is that thej property owners were in the process of starting a survey, but that survey was to divide the land into parcels. To his knowledge this has not been Mayor Flynt stated there is a significant amount of acreage on. Angel Pardue Rd. but the deed may fall short oft the 9.8 acres, There could only be eight acres at the most and this is just too Councilman Foy understands this is a lot ofmoney at $22,744 per acre but it is in alignment with property on. Hwy 158. We must look at the water and topography ofthe land. Councilman Foy Mayor Flynt noted that ift this was such a good deal then the property would have been sold by Councilman Foy noted that the property isi in an odd location located by the school, town park and the highway but the property in unique and the value is ini the eye oft the beholder, The seller  completed yet.  high ofaj price toj pay.  also stated that from the towns perspective then this was a good value.  now.  119    plans to move: forward with selling the property. The town does not want it to become a Councilman Landreth stated that he was not a fan of expanding but he understands that this is unique property because it's the only property around us. Once it's gone then it's gone.  subdivision.  Councilman Foy stated that the property appraised around 190,000.  Mayor Flynt asked: ifthe Town could pay more than fair market value for a piece of property? Tom Medlin, Town Attorney stated that the fair market value is not always the appraised value, and the appraisal is the opinion oft the appraiser. Mr. Medlin does not see aj problem with the Councilman Foy asked what it would mean to the town tol have the ability to expand the park and buy another 10 acres. The town already has infrastructure set with parking and bathrooms. There Mayor Flynt stated that maybe we should offer $200,000 because there will not be many people willing tol buy this property without ai re-zoning request and the cost to: run water. Mayor Pro Tem Hooks stated that several years ago the town pulled a deed on this property and they will have to go back in and re-do all ofthis before they can even sell it with all the roads being listed incorrectly. He also thinks that 199,000 or 200,000 is a fair price but questions why Councilman Foye stated that at this price point we are. not paying the commission.  town paying the appraised amount.  iss synergy here with the existing property.  we are paying the commission. He asked ifthis is included.  Mayor Flynt noted at $222,000 we are paying the commission.  Councilman Foy stated that the deal structure would be 222,900 and they would pay the Mayor Flynt asked if about hiring Kim Martin as our broker and if we would have to pay her a Councilman Rigsbee noted that it is his understanding that the town hired Kim Martin that she would split the commission of the seller and we are: not held toj paying her out of our pocket. He questions ifv we do not hire her as a broker then are the property owners willing to cut the commission. Hej personally would: rather use an agent to protect the: interests of the town. He agrees with Mayor Flynt to make an offer of $200,000 and see where it goes and use an agent. He thinks we are overthinking the process and we need to make an offer and see ift the owners  commission.  commission as well.  counteroffer.  Mayor Flynt asked: ifMr. Medlin could prepare the offer on behalf of the town. Mayor Pro Tem Hooks would recommend $200,000 as the property stands today with a farmhouse in the middle oft the property and there in no continuity throughout the property. He also thinks this will allow us to apply for grant money down the road to develop the property in  phases.  120    Tom Medlin, Town Attorney stated ifthe Town is going to make a new offer, then does the council have any new due diligence for surveying, inspection or engineering or does council not want to do any due diligence and close in thirty days? We also need a closing date. He also asked ift the clerk could locate the contract with the realtor who represented the town to confirm ifthe town is still obligated to work withl her since she represented us on the same piece of property and ifs she needs to be the one to prepare the offer. Ifher agreement has expired, then Mr. Medlin Councilman Rigsbee does not have the original agreement and they did not ask for due diligence Mayor Pro Tem Hooks asked Mr. Medlin ift there was an ordinance that would prohibit any Mr. Medlin and Mayor Flynt noted this would be through our own zoning board and we control Councilman Rigsbee stated he located the agreement with the realtor, and it expired on. March Councilman Hooks would like to know what we are prohibited to do with this property, and he Councilman Foy stated that Mr. Medlin could follow up on the contract and asked if council Councilman Rigsbee noted that they should be able to cut the commission since we are not using  can prepare the offer. This needs to be clarified before he proceeds.  and provided $5000 earnest money. particular type of usage with this property.  that.  31,2021 and he will send this to Mr. Medlin for his review. would like tol hear from DOT and cover all our basis, would be comfortable with an offer of $205,000.  abyers agent.  Mayor Flynt and Councilman Hooks recommends an offer of $200,000.  Councilman Foy made a Motion to authorize Budget Officer Kim Thacker, Town Clerk Dale Martin and Town Attorney Tom Medlin to work with the realtor on the property of 7901 Athens Councilman Landreth asked for an amendment to the motion that $100,000 would come out of the budget this year for parks and the remainder oft the funds would come out of General Funds. Councilman Foy added to the Motion that this would be part of the FY2 21 Capital Improvement  Road, Stokesdale toj purchase 9.8 acres for a sum of $200,000.  expenditures for the park. Mayor Flynt seconded the motion.  Councilman Landreth asked is there were any funds that the town must spend without going into Kim Thacker, Budget Officer: noted there we. no funds available that had to be spent.  General Funds.  121    Vote:  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Noes: None  18. Comments from Council.  Councilman Foy wanted to remind everyone that it's back to school and to please be careful and Councilman Rigsbee noted that the new. Bi-Rite grocery store will open in 30 days and asked if  watch for school buses and have a great school year.  the Council would need to bet there for the opening ceremony. Mayor Flynt stated yes ift the Council was invited.  Councilman Rigsbee ask Mrs. Martin, Town Clerk to reach out to the owner ofBi-Rite tol let the owners know the Council would like to attend to represent the town, ift there is a formal opening Mayor Flynt also reminded everyone to "Mask Up" according to the Government guidelines.  ceremony. 19.  Announcements:  a) Planning Board Meeting Thursday, August 26th at 7pm at Town Hall b) Town Council Meeting Thursday, September gth at 7 pm at Town Hall  20. Adjournment. seconded the motion. Vote:  Councilman Jim Rigsbee made the Motion to adjourn the meeting. Councilman Derek Foy  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Noes: None  Being no further business to come before the Council, the meeting was adjourned at 10:00 pm.  - Mike Crawford, Mayor  ATTEST  Thlthch Dale Martin, Interim Town Clerk  122